Who is allowed to be a party in any arbitration proceeding related to the Bumper Man franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(3) No Class Action. No party except Franchisor (including its employees, agents, officers or directors and its parent, subsidiary or affiliated companies) and Franchisee (including where applicable the immediate family members, owners, heirs, executor, successors, assigns, shareholders, partners, and guarantors (as applicable) may join in or become a party to any arbitration proceeding arising under or related to this Agreement or any other agreement between Franchisor and Franchisee, the relationship between Franchisor and Franchisee, the scope and validity of this Agreement or any other agreement between Franchisor and Franchisee, specifically including whether any specific claim is subject to arbitration at all (i.e. arbitrability questions) and/or the offer or sale of the franchise opportunity; and further, the arbitrator will not be authorized to permit any person or entity that is not a party to this Agreement or identified in this paragraph to be involved in or to participate in any arbitration conducted pursuant to this Agreement. No matter how styled by the party bringing the claim, any claim or dispute is to be arbitrated on an individual basis and not as a class action or representative action. FRANCHISEE EXPRESSLY WAIVES ANY RIGHT TO ARBITRATE OR LITIGATE AS A CLASS ACTION. Any question regarding the interpretation or enforceability of this prohibition on class-wide or representative arbitration shall be resolved by a court of competent jurisdiction, and not the arbitrator
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, only specific parties are allowed to participate in arbitration proceedings. These include Bumper Man itself, encompassing its employees, agents, officers, directors, parent, subsidiary, and affiliated companies. The franchisee is also included, along with their immediate family members, owners, heirs, executors, successors, assigns, shareholders, partners, and guarantors.
This means that no other individual or entity can join or become a party in any arbitration related to the franchise agreement or the relationship between Bumper Man and the franchisee. The arbitrator is specifically prohibited from allowing anyone not explicitly listed to participate in the arbitration. This restriction extends to any agreement between Bumper Man and the franchisee, including disputes over the agreement's scope, validity, or the arbitrability of specific claims, as well as issues related to the offer or sale of the franchise.
Furthermore, the Bumper Man franchise agreement explicitly prohibits class action arbitration. Any claim or dispute must be arbitrated on an individual basis, regardless of how the party bringing the claim styles it. Any questions regarding the interpretation or enforceability of this prohibition on class-wide or representative arbitration must be resolved by a court of competent jurisdiction, not the arbitrator. This clause ensures that disputes are handled individually and prevents franchisees from collectively pursuing claims against Bumper Man through arbitration.